Losing at trial does not always mean the end of the road. Appeals allow a party to ask a higher court to review the case for legal errors.

Timing and Process

In Virginia, a notice of appeal must typically be filed within 30 days of judgment (or 10 days if you are appealing from General District Court). Since 2022, civil litigants have an appeal of right to the Court of Appeals of Virginia, which hears most cases before any petition to the Supreme Court of Virginia. Maryland and D.C. follow similar two-tier structures, while federal trial judgments in Virginia are reviewed by the U.S. Court of Appeals for the Fourth Circuit.

Standards of Review

In Virginia appellate practice, the standard of review governs the level of deference the appellate court affords to the trial court’s rulings. For questions of law, including statutory or contract interpretation, appellate courts apply a de novo standard, affording no deference to the trial court’s conclusions. For factual findings made by a judge in a bench trial, the standard is whether the judgment is “plainly wrong or without evidence to support it.” This means that if there is credible evidence in the record to support the trial court’s finding, the appellate court will not disturb it, even if conflicting evidence exists. When reviewing a jury verdict, the court views the evidence in the light most favorable to the prevailing party and will uphold the verdict if supported by any credible evidence.

For matters entrusted to the trial court’s discretion, such as evidentiary rulings, continuances, or sanctions, Virginia courts apply an abuse of discretion standard. This is highly deferential: a ruling will not be reversed unless it is shown to be arbitrary, capricious, or beyond the bounds of reason. Finally, when reviewing decisions of administrative agencies, Virginia courts examine whether the agency acted within the scope of its authority and whether its decision was supported by substantial evidence and not arbitrary or capricious.

Possible Outcomes

An appellate court may:

• Affirm the judgment (leave it in place).
• Reverse the judgment (enter a new decision or dismiss the case).
• Remand for further proceedings, such as a new trial.

Staying Enforcement During an Appeal

One frequent surprise is that an appeal does not automatically pause enforcement. Unless the losing party obtains a stay of execution by posting a supersedeas bond, the prevailing party can begin garnishing wages or placing liens even while the appeal is pending.

Virginia law generally requires the bond to cover the judgment amount plus interest and costs, capped at $25 million in most cases. Without it, enforcement can proceed. Courts may refuse to suspend enforcement altogether in cases involving child support, custody, or injunctions, recognizing the risk of irreparable harm from delaying.

Conclusion

The end of a trial is often just the beginning of a new phase of litigation. Appealing a judgment provides a vital opportunity to have a higher court review the trial court’s decision and ensure that justice was reached in accordance with the law. Please contact Jonathan Harrison at 703.526.4708 or jharrison@beankinney.com if you have any questions.

This article is for informational purposes only and does not contain or convey legal advice. Consult an attorney. Any views or opinions expressed herein are those of the author and are not necessarily the views of the firm or any client of the firm.